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us. United States Department of the Interior FLSH rv'l�Ew� FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 133920h Street Vero Beach. Florida 32960 April 25, 2013 Donald W. Kinard Chief, Regulatory Division U.S. Army Corps of Engineers 701 San Marco Boulevard. Room 372 Jacksonville, Florida 32207-8175 Dear Mr. Kinard: This letter acknowledges the U.S. Fish and Wildlife Service's (Service) receipt of your April 12, 2013, letter requesting concurrence on the U.S. Army Corps of Engineers' (Corps) implementation of the revised Manatee Key and its enclosures dated April 2011 This letter represents the Service's views on the potential effects of the proposed action in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972,, as amended (MMPA) (l 6 U.S.C. 1361 et seq. ). For fixture reference, we have assigned this concurrence letter to Service Consultation Code 2013-I-0151. The Manatee Key is a tool that has been used by the Corps' Regulatory Division since 1992 to assist in making its effect determinations, as required under 50 CFR 402.1.4(a), on permit applications for in -water activities such as, but not limited to; maintenance dredging, the placement of fill material for shoreline stabilization, the constriction or placement of other in -water structures, as well as the construction of docks, marinas, boat ramps, boat slips, dry storage or any other watercraft access structures or facilities. Your agency has determined utilization of the 2013 Manatee Key, and its enclosures, to review projects in waters accessible to the endangered West Indian manatee (Trichechus naanalu.v) may affect, but is not likely to adversely affect the manatee or its designated critical habitat. Since July 2011, the Service has worked closely with the Corps and the Florida Fish and Wildlife Conservation Commission (FWC) on revising the March 2011 version of the Manatee Key and .its associated maps. Minor changes.to.the March.201-1. Manatee.Key were made to ensure __ consistency with the manatee programmatic consultation co -developed by the Corps and the Service in cooperation with the FWC. For all new or expanding multi -slip facilities located in a county with a State -approved MPP in place that reach a "may affect, not likely to adversely affect" determination using the 2013 Manatee Key, the Service concurs with these determinations and no further consultation with the Service is necessary. 168